Problem-oriented policing of transnational environmental crimes: a social harms approach

Since the publication of Herman Goldstein’s seminal article on Problem-oriented Policing (POP) in 1979, criminologists have attempted to apply its proactive methodology, with a large body of police work concentrating on how operational policing can benefit from the methodologies of POP, and specifically how events are recognised, approached and resolved as policing problems. Even then, most of these works ascribe a non-existing ontological value to events, supposing a bad actor against whom the good actor intervenes. This atomised, state-centrist notion of criminality has been discredited by social harms theory, which emphasises a reading of crime that reaches beyond the bureaucratic abilities of state criminal justice agencies. This article is aimed at illustrating how both POP and a social harms approach to crime can enrich each other, especially with regard to environmental crimes.     

Applying a forensic approach to incident response,network investigation and system administration using Digital Evidence Bags

This paper questions the current approach to forensic incident response and network investigations. Although claiming to be ‘forensic’ in nature it shows that the basic processes and mechanisms used in traditional computer forensics are rarely applied in the live incident investigation arena. This paper demonstrates how the newly proposed Digital Evidence Bag (DEB) storage format can be applied to a dynamic environment. A DEB is a universal container for digital evidence from any source. It allows the provenance to be recorded and continuity to be maintained throughout the life of the investigation. With a small amount of forethought a forensically rigorous approach can be applied to incident response, network investigations and system administration with minimal overhead.     

The detection of deception with the reality monitoring approach: a review of the empirical evidence

One of the verbal approaches to the detection of deceit is based on research on human memory that tries to identify the characteristics that differentiate between internal and external memories (reality monitoring). This approach has attempted to extrapolate the contributions of reality monitoring (RM) research to the deception area. In this paper, we have attempted to review all available studies conducted in several countries in order to yield some general conclusions concerning the discriminative power of this approach. Regarding individual criteria, the empirical results are not very encouraging: few criteria discriminate significantly across studies, and there are several variables that moderate their effect. Some of the contradictory findings may have emerged because of differences in the operationalizations and procedures used across individual studies. However, more promising results have been reported in recent studies, and the approach as a whole appears to discriminate above chance level, reaching accuracy rates that are similar to those of criteria-based content analysis (CBCA). Some suggestions for future research are made.     

从实质证据观到实质真实标准

本文研究了"任何形式的证据中都包含有人的主观因素"的观点,认为有人的主观因素是人的认识,并不是证据.本文也研究了"证明标准的趋势应是理性和主观的融合",其适用必然"烙上主观性、内在性和易变性的特点"的观点,认为"融合"也好,"特点"也好,都是自由心证的弱点和弊端,无需追求.本文着重论述了创立实质证据观的过程,指出实质证据观最先孕育于苏联,但最终诞生于中国.<证据法学新论>一书确立了实质证据观及其基本内容,划分了证据资料和证据效力,确立了证据排伪法则,这标志着实质证据观在我国正式诞生.<新证据学论纲>建立了物证、书证、人证的基本理论,建立了证据资料、证据效力和证明的基本理论,确立了事实面前人人平等原则、实事求是七项原则,找到了实质真实标准.这一切是对实质证据观的充实、发展和完善.实质证据观是证据学的根基;实质真实标准是证据制度的根基.这些根基是我国证据法学的基石.     

A forensic science approach to a starved child

A 19-month-old, 3.6-kg (8-lb) female child dies after a protracted course. The child was premature and suffered a stormy perinatal and postnatal period. When there is underlying disease or a condition potentially sufficient in and of itself to result in a "starved child," isolation of the results of potential neglect presents particular difficulties. The approach to the resolution of this question will be addressed.     

证据是如何排除的

证据排除是现代证据法的核心精神。在理想状态下,一项证据被“排除”,意味着该证据所反映的信息对于案件事实的最终认定不产生任何影响。从世界各国的具体情况来看,为达到这种理想状态,共有三种途径,分别适用于不同的法系。总体而言,普通法系的程序设置最符合证据排除的要求,而大陆法系在这一问题上则显得力不从心。为了使证据排除规则真正落到实处,包括我国在内采取职权主义审判模式的国家都需要进一步完善相关的配套制度。     

解读“非法证据”——兼评“两个《证据规定》”

由于中国证据立法以及主流证据学理论的独特性,坚持从广义上理解"非法证据"的概念,非法定主体取得之证据、非法定形式之证据以及非法定方法取得之证据,皆被视为非法证据而予以排除。但是,从证据法理上讲,这一观点与非法证据排除规则的目的相冲突,自身存在着逻辑错误和概念混淆,尤其是可能导致非法证据排除规则适用对象和范围的不当扩张。因此,"非法证据"的本意应当是指以法律明确禁止的手段或者违反法律明确规定的程序所取得之证据,即仅限于非法定方法取得之证据。     

Natural helpers: a community approach to harm reduction

This paper, by Jennifer Taylor and Theresa Jasperson, looks at a successful harm-reduction initiative developed by Streetworks, a needle exchange program in Edmonton, Alberta. The Natural Helpers initiative provides and enhances the skills, knowledge, resources, and support that people who use injection drugs need in order to take care of others in their community. The evolution of the project, from its inception to the present situation, is described.     

适时提出主义——以“新的证据”与证据失权的关系为中心

原旨主义上的"新的证据"全面赋予迟延提交法院的证据方法以可采性,这是受职权主义的诉讼模式以及追求客观真实的诉讼目的支配的结果。2002年的举证时限和证据失权制度改革,重塑了新旧证据的区分标准并缩小了"新的证据"的范围。在证据失权制度下,"新的证据"就是法定的具有可采性的逾期证据,"新的证据"与丧失证据调查资格的逾期证据之间存在出此入彼的紧张关系。2008年的司法改革通过举证时限的扩容以及"新的证据"范围的扩张,缓和了证据失权的严厉性。2012年《民事诉讼法》第65条第2款关于举证时限的规定,是证据失权与"新的证据"之间冲突与调和的结果,在民事诉讼法理上可以概括为"适时提出主义"。在此基础上,2015年《民事诉讼法解释》通过衡量证据价值来判断逾期的证据方法是否具有可采性,同时对逾期举证当事人惩以诉讼强制措施来正当化逾期证据的可采性。从待证事实区分以及体系解释的角度,因故意或者重大过失而逾期提交的证明辅助事实的证据,以及严重违反诚实信用原则和当事人平等原则的逾期证据,仍应失权。"新的证据"在新的失权规则体系下将发挥新的规范作用。     

Evidence for a heritable brain basis to deviance-promoting deficits in self-control

Purpose

Classic criminological theories emphasize the role of impaired self-control in behavioral deviancy. Reduced amplitude of the P300 brain response is reliably observed in individuals with antisocial and substance-related problems, suggesting it may serve as a neurophysiological indicator of deficiencies in self-control that confer liability to deviancy.

Methods

The current study evaluated the role of self-control capacity—operationalized by scores on a scale measure of trait disinhibition—in mediating the relationship between P300 brain response and behavioral deviancy in a sample of adult twins (N = 419) assessed for symptoms of antisocial/addictive disorders and P300 brain response.

Results

As predicted, greater disorder symptoms and higher trait disinhibition scores each predicted smaller P300 amplitude, and trait disinhibition mediated observed relations between antisocial/addictive disorders and P300 response. Further, twin modeling analyses revealed that trait disinhibition scores and disorder symptoms reflected a common genetic liability, and this genetic liability largely accounted for the observed phenotypic relationship between antisocial-addictive problems and P300 brain response.

Conclusions

These results provide further evidence that heritable weaknesses in self-control capacity confer liability to antisocial/addictive outcomes and that P300 brain response indexes this dispositional liability.     

An analysis of factors contributing to a series of deaths caused by exposure to high environmental temperatures

Autopsy reports at the Forensic Science Centre, Adelaide, South Australia, were reviewed for the 8 years from January 1991 to December 1998 for cases with unusual features in which deaths had been attributed to exposure to high environmental temperatures. Amphetamine-related hyperpyrexial deaths, anesthetic deaths caused by malignant hyperpyrexia, deaths of elderly incapacitated individuals during heat waves, and deaths of children trapped in the back of cars were excluded from the study. In 9 cases, where heat-related deaths had occurred (age range 21 to 77 years; M:F = 8:1). Predisposing factors included lack of familiarity with Australian environmental conditions, excessive clothing, prolonged sun exposure, acute alcohol intoxication, obesity, benztropine and trifluoperazine medication, and underlying dementia, alcoholic liver disease, and possibly epilepsy.     

Interviewing to Elicit Cues to Deception: Improving Strategic Use of Evidence with General-To-Specific Framing of Evidence

Previous research has demonstrated that the strategic use of evidence (SUE) approach of interviewing criminal suspects is effective at eliciting cues to deception. This study aims at expanding on the SUE approach by testing the technique of general-to-specific evidence framing. We conducted an experiment using a mock terrorism paradigm. Guilty participants took part in a simulated act of terrorism, while innocent participants performed a similar act involving no transgression. All participants (N?=?102) were then interviewed using one of four evidence disclosure styles (early disclosure, late disclosure, 2-step disclosure, or 4-step disclosure). We expected that disclosing evidence to the suspect gradually, with increasing specificity, would induce guilty suspects to alter their statements to a greater extent than innocent suspects. General-to-specific evidence framing effectively discriminated between guilty and innocent suspects, but results only partially supported the hypotheses.     

A fragmented organizational approach to fraud in a European context

He runs the Unit for the Study of White Collar Crime.     

关于证据科学的思考

本文探讨了证据科学的要素。本文认为，证据科学必须是多学科的，或者整合性的。如果我们分享彼此基于证据的推理方面的思想和经验，我们都会受益于稳固确立的证据科学。     

Time for a national approach to donor conception in Australia

There is a growing recognition of the interests and rights of individuals conceived using donated gametes in assisted reproductive technology to information about their biological parentage. In Australia these rights vary between jurisdictions according to differing statutory provisions. In February 2011 the Senate's Legal and Constitutional Affairs References Committee published its report on Donor Conception Practices in Australia. The report recommended the development of a nationally consistent approach to donor conception and recommended the enactment of legislation in those Australian jurisdictions without legislation regulating donor conception. This editorial reviews the Senate Committee report and its recommendations and supports calls for a nationally harmonised approach to donor conception in Australia.     

Neighbourhood outreach: a novel approach to Liaison and Diversion

Aims and method: We evaluate the initial outcomes from the Cornwall Criminal Justice Liaison and Diversion Service (CJLDS) which includes a pilot Neighbourhood Outreach scheme to support police with vulnerable individuals with suspected mental illness but not necessarily criminal involvement. Results: We review the first nine months’ operational data, including a six month follow-up of the initial three months’ to assess the impact of intervention. The service identified a large proportion of new cases of mental illness at an earlier stage. Intervention significantly reduced the number of contacts with police and may suggest a reduction in the severity of crime. Clinical implications: The Cornwall CJLDS with its pilot Neighbourhood Outreach has had a significant impact on both health and on crime, with additional cost savings. The degree to which this is replicable is discussed. Declaration of interest: None